11/01/2006 - On 9 January 2006, leading food and house-ware supplier Julian Graves Limited, pleaded guilty at Stourbridge and Halesowen Magistrates to three charges relating to failing to meet obligations under laws governing the recovery and recycling of packaging. The charges were brought by the Environment Agency under the Producer Responsibility Obligations (Packaging Waste) Regulations 1997. The company was fined £5000 and ordered to pay costs of £1330.

Companies that handle over 50 tonnes of packaging and have a turnover of more than £2m are required to i) register with the Environment Agency or a compliance scheme by 7 April each year ii) recover and recycle specific tonnages of packaging waste and iii) provide the Agency with a certificate stating that they have met their recovery and recycling obligations. Companies can reduce their obligations by cutting down on packaging use.

Speaking after the case, Ian Gale, an Environment Agency officer involved in the investigation, said: "The aim of these regulations is to make businesses take responsibility for the packaging used in their operations and reduce the amount of packaging waste going to landfill. Packaging represents a significant waste stream of more than 10 million tonnes per year in this country. Since the introduction of these regulations the amount of packaging recovered and recycled has increased from approximately 30% in 1997 to 55% in 2004."

For the Environment Agency, Jill Robson told the court that the regulations had been introduced to have UK law include some of the requirements of the European regulations designed to reduce the amount of packaging used and increase the amount of packaging recovered and recycled. The failure of companies to comply with this legislation undermines the UK’s ability to meet targets set in the regulations.

In February 2005, Environment Agency investigations indicated that it was likely that the company had obligations under the regulations.

Investigations indicated that the company failed to meet its obligations in 2004. It had:

Failed to register for 2004

Failed to take reasonable steps to recover and recycle packaging in 2004

Had failed to submit a Certificate of Compliance to the Environment Agency

In mitigation, Richard Thorpe, representing the company, pointed out that the company co-operated fully with the Environment Agency and are now fully compliant with the regulations. The court found that there was no intention on the part of the company to evade the regulations and they pleaded guilty at the first opportunity.